Dispute Resolution

Foreign investors are abandoning their Chinese ventures prompting the issuance of new government guidelines. These raise the possibility of the use of cross-border legal and political action to force absconders to face liability in China. Although the implications are not completely clear, foreign parties must take care when attempting to withdraw from the country. By Susan Finder, Winston & Strawn.

The revised Law now requires any work unit or individual wishing to apply for a patent in a foreign country for an invention or utility model completed in China to first submit such invention or utility model to the State Council's patent administrative department for a confidentiality review.

Periods of prescription of actions clarified for civil cases.

Regulatory reform in China is more important than ever to investors in the country. Leading lawyers talked about how the government's various regulatory approach shape investors' behaviours at the 5th annual China Law & Practice China Summit.

The Provisions of the Supreme People's Court on Several Issues Concerning Application of The Statute of Limitations System in Trial of Civil Cases brings forth 24 articles which give systemic and comprehensive regulations in regards to the general principals, calculation, interruption, suspension, effect and supplementary provisions of the statute of limitations.

The Provisions detail matters in respect of the counting, interruption, suspension and validity of prescription of actions.

After 12 months of innovative and pioneering work and four months of research, interviewing and profiling, the 2008 China Law & Practice awards were presented in Beijing on September 18. The winning deals and firms were recognised for their impact on China's legal community.

Guangdong clarifies issues arising from the Employment Contract Law.

Guangdong is the first province to have issued a guiding opinion on the labour laws. The opinion attempts to clarify some of the ambiguities in the PRC Employment Contract Law, which took effect in January this year. But the issuance of the rules has caused considerable controversy, with some arguing the Guangdong authorities do not have the right to issue guiding opinions and that some its contents are, as a result, against the national law.